Policy Statement

In keeping with its mission, Linfield University commits itself to creating an environment which aims to be violence free and fosters excellence in learning for its students and in work performance for its employees. Linfield University’s expectations of civility among community members exceed those applied to the public at large. The Linfield University Sexual Misconduct and Relationship Violence Policy, while prohibiting offenses forbidden by Oregon law, also prohibits conduct that may not be a crime under Oregon law. As a result, Linfield also requires a higher standard of conduct for members of the Linfield community than those applied to the public at large.

No member of the University community shall engage in sexual misconduct or relationship violence against another member of the University or larger community. To this end, the University shall annually apprise its students, faculty, administrators, and staff of this policy, and inform them about the meaning, effects and consequences of sexual misconduct and relationship violence.

For the protection of the community, the University may take action against those who commit such misconduct. In taking action, the University will make every attempt to provide as much privacy for the reporting party(s) and the responding party(s) as possible. In fulfilling this policy and its procedures, the University shall seek to mitigate further harm experienced by a reporting party while balancing the need for appropriate procedural protections for a responding party. Should sexual misconduct or relationship violence be found to have occurred, the University will, to the extent it is able, identify and implement appropriate remedies and sanctions.

Notice of Non-Discrimination

Linfield University does not discriminate on the basis of sex in education programs or activities it operates including admissions and employment. Inquiries about the application of Title IX and this policy may be referred to the University's Title IX Coordinator.

Applicable Federal Law and State Law

A.    This policy has been written to comply with the requirements of all applicable Federal and State laws.  To the extent that this policy is inconsistent with those laws or the laws change before the policy has been updated, state and federal law supersedes this policy.  

B.    If any provision of this policy is found to be invalid, illegal, unconstitutional, or unenforceable, that finding shall not affect or undermine the validity of any other provision.

Scope

A.    Title IX Sexual Misconduct and Relationship Violence Procedures apply to complaints that name responding parties over whom Linfield University exercises substantial control. This may include students, staff, faculty, volunteers, contractors and others brought into University business to participate in or execute University programs or activities.

B.    Linfield University’s Extended Sexual Misconduct and Relationship Violence Procedures apply to cases that name responding parties that include all students, staff, faculty, volunteers (including trustees), contractors and others brought into University business to participate in or execute University programs or activities.

Jurisdiction

A.    Title IX Sexual Misconduct and Relationship Violence Procedures apply in all instances in which the University has actual knowledge of potential Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking as defined by these policies that occur in an educational program and activity of the University against a person in the United States. 

B.    Linfield University’s Extended Sexual Misconduct and Relationship Violence Procedures apply to all potential instances of Sexual Harassment, Sexual Exploitation, Sexual Assault, Sexual Misconduct, Domestic Violence, Dating Violence, or Stalking as defined by these policies that occur on Linfield University premises; during any Linfield University educational programs and activities regardless of location; and off-campus when the conduct has a rational nexus to Linfield University and/or the pursuit of its objectives or that poses a potential threat to the health, safety, or culture of non-discrimination the University or any person associated with the University or substantially impacts any person’s ability to continue their University-related pursuits.

Determination of the Appropriate Procedure

Where a potential instance of Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking falls under the scope and jurisdictional requirements of the Title IX Sexual Misconduct and Relationship Violence Procedures, those procedures must be followed. However, if a complaint is dismissed from the Title IX Sexual Misconduct and Relationship Violence Procedure, it may then be brought under the Linfield University Extended Sexual Misconduct and Relationship Violence Procedures.